SB991 codifies the common law cause of action of public nuisance in West Virginia.

SB991 amends the West Virginia Code to codify the common law cause of action of public nuisance. This bill defines "public nuisance" as a condition that unlawfully interferes with a public right by endangering communal safety, being indecent to the community, or being offensive to the community. The bill specifies that a public nuisance cause of action is available to a government entity if the public nuisance is within its jurisdiction. For private citizens, a cause of action is available only if the person has sustained a special injury proximately caused by the public nuisance.

SB991 codifies the common law cause of action of public nuisance in West Virginia.

SB991 amends the West Virginia Code to codify the common law cause of action of public nuisance. This bill defines "public nuisance" as a condition that unlawfully interferes with a public right by endangering communal safety, being indecent to the community, or being offensive to the community. The bill specifies that a public nuisance cause of action is available to a government entity if the public nuisance is within its jurisdiction. For private citizens, a cause of action is available only if the person has sustained a special injury proximately caused by the public nuisance.